The talking machine world (Jan-Dec 1911)

28 THE TALKING MACHINE WORLD. DEVELOPMENT OF COPYRIGHT MATTERS. {Continued from page 25.) royalty payable in respect of each such work shall in no case be less than a halfpenny. CLAUSE 23 IS IMHORTANT. If it appears to His Majesty that a foreign country does not give, or has not undertaken to give adequate protection to the works of British . authors, it shal be lawful for His Majesty by Order in Council to direct hat such of the provisions of this Act as confer copjjright on works first published within the parts of His Majesty's dominions to which this Act extends shall not apply to works published after the date specified in the Order the authors whereof are subjects or . citizens of stich foreign country, and are not resident m His Majesty s dominions and thereupon those provisions shall not apply to such works. At the last committee meeting, when Mr. Buxton moved his amendments, the d scussion which followed was very interesting. Mr. Barnes moved an amendment to the effect that the provisions of the clause regarding tne mechanical contrivance should only apply to works published after the passing of the act. He said that the committee had made provisions to safeguard authors in the future. If the clause were carried out as proposed by Mr. Buxton it would go against the interests of the people engaged in the manufacture of mechanical instruments. In the second place, it would be against the interests of these into whose humble homes these contrivances would be introduced. It would be contrary to practice, to authority, and to their own interests to make the operation of the act retrospective. Such a course would be contrary to the Berlin convention and to the action of other countries. S. Buxton said that the attitude of the BerUn convention and the action of other countries was in favor of the operation of the act being retrospective. (And yet other countries, notably Germany and the United States, have legislated upon non-retroactive lines. — Ed. ) The Question of Piracy. j\Ir. Joynson-Hicks hoped the government would stand by their clause. He wished to put before the committee the position in which English gramophone companies stood. These records cost a very large sum of money to make. Caruso, Melba and other well-known persons had sung into the gramophone at a great cost, but the records could be easily copied. It would be ludicrous in the extreme to grant copyright to the author and to leave the record itself open to piracy. He stated that he had been asked to explain to the committee what had taken place in Russia. A factory had been established in that country, which took English-made records, such as the Caruso records, obtained an impress of them and then turned out reproductions of these records by hundreds of thousands. They were sent to England, where they competed with the genuine English work. The amendment would have the effect of legalizing this Russian piracy in respect of records made before the passing of this act. He had before him that morning letters from the most eminent singers in England, including Signor Caruso, Kennerley Rumford and Madame Tetrazzini, pra) ing the committee to give them rights in the words they had sung into the gramophone records. They had sung them into the gramophone by agreement, and on royalty, assuming that the law of England would protect the work they had done. This pirating trade was so great that the Russian firm published a catalogue in English, offering to provide anybody with reproductions of celebrated records. We had r.o more right to allow pirated records to come into this country than pirated books. We had already given authors protection for their work, and these singers were also en titled to protection. * * * * Royahy is payable only on records made and sold after the act comes into force. Mr. Higham said that hundreds of thousands of records were already in stock in various shops, and it was possible that inconvenience might be caused by inspectors visiting them with regard to the payments of the royalties. j\Ir. Buxton pointed out that no records already in the hands of the retailer would be affected under this provision, but only future records sold by the manufacturers. There was no question of an inquisitorial inspection. Throughout the considera tion of the bill, subject to the opinions he held, he had endeavored, so far as he could, to obtain conclusions which would be satisfactory to the committee as a whole, and would be in the nature of a fair v/orking compromise, which would be to tlie advantage of the author, the manufacturer and the public. In going through the question very carefully, he had come to the conclusion that it would not be satisfactory to charge a royalty on records which had already been made, but not sold. Negotiations had taken place between the various interests, the machine makers, composers and authors, and it was represented to him that those interested would prefer a royalty of 2% per cent., not only for two years, but for all time, on existing records. He thought that proposal would work better than any other, and the public would not be injured. He proposed to stand by the clause. Date When Act Comes Into Operation. This act may be cited as the copyright act, 1911, and shall come into operation: (a) In the United Kingdom on July 1, 1912, or such earlier date as may be hxed by order in council; (b) in a selfgoverning dominion at such date as may be fixed by the legislature of that dominion; (c) in the Channel Islands at such date as may be fixed by the states of those islands, respectively; (d) m any other British possession to which this act extends, on the proclamation thereof within the possession by the governor. Later News. The I)ill is now under consideration on the report stage, but at the time of writing the clauses relating to mechanical instruments had not been readied. When they will be is a matter upon which it would be unsafe to express an opinion. But this much may be said; there are not wanting signs of a possibility of the bill being hung up for the time being, owing to the pressure of other more important ministerial measures which the government have in hand. It might be advantageous to the talking machine trade, and it might not. Time alone will determine. Another Trade Meeting. At the instance of Mr. Shields, who, by the way, has worked like a trojan in this matter, another meeting of traders was held July 31 at the offices of the Columbia Phonograph Co., this city. An important statement was made to the effect that Mr. Shields had been again instrumental in enlisting the aid of certain members of Parliament, who had promised to put down various amendments in our favor. One amendment will ask that retroactivity be limited to works published within two years prior to the act coming into force. In the case of pot-pourris or medleys, another amendment will suggest a minimum of %d. only for each excerpt of an author's work. The bill as at present framed provides for a minimum payment in each case of V2d., which, in the opinion of record-makers, would kill this class of records. Sir George Marks, Mr. Edison's attorney here, has made representations to Mr. Buxton who, it is believed, will now grant a nine months' period of grace in the case of matrices irt hand made after July, 1910, of existing works; that is to say, the royalty payment of 21/2 per cent, would not come into effect until April 1, 191,3. These amendments cover very important points most necessary to the welfare of this industry, and our earnest hope is that Mr. Buxton will accept them. TRADE IN THE TWIN CITIES. General Business Has Been Excellent During the Summer — What the Minnesota Phonograph Co. Reports — Other Items. Reciprocity, or retaliation, if you please, is found in the patent office rules, in the provision that any foreign patent attorney, not a resident of the Uni:ed States, may be registered as entitled to represent as attorney applicants before the Patent Office if the country of which said patent attorney is a citizen grants the same reciprocal rights to citizens of the United States, and no foreign patent attorney has been recognized in any application filed after June 30, 1908, unless his country grants reciprocal rights to our attorneys. As a matter of fact, it is thought that only three foreign nations, namely, Canada, Mexico and New Zealand, extend the privilege to pa'ent attorneys of the United States, so that the number of foreign attorneys entitled to registration here is very limited. (Special to the Talking Machine World.) St. Paul and Minneapolis, Aug. 1, 1911. Talking machine dealers in tflie Twin Cities of St. Paul and MinneapoHs have not had a hard time in keeping the wolf from the door during the summer months. Retail trade in particular has been excellent, as everybody who can afford a summer home or camp has learned that machinemade music is indispensable. The wholesale trade has been normal — for this season of the year. The country dealers are coming to town, however, and the indications are that the majority will lay in substantial stocks for the fall and winter trade. The Minnesota Phonograph Co., with retail stores in both cities, and which also does a general jobbing business in both the Victor and Edison machines report a satisfactory trade and are particularly well pleased with the retail end which has been the best since the company began business. There has been a decided revival of interest in Edison goods. Lawrence H. Lucker, manager of the company, is expected home this week from his honeymoon trip to Europe. He spent the past week at the Eastern factories. Jay H. Wheeler, general Northwestern agent for the Columbia Phonograph Co., reports highly satisfactory sales of the higher class goods of his concern. The business is on a good basis, as the demand for the cheap wares has mostly disappeared. BUSY TIMES WITH EDISON CO. Great Campaign of Publicity Being Inaugurated — Plant Also Busy Getting Ready to Supply Trade With New Machines and Records. The departments of Thomas A. Edison, Inc., Orange, N. J., whose particular function is to organize and prepare the campaign of publicity, are working overtime these warm and sultry August days. The plant is also busily engaged in the manufacture of machines and records, cylinders and the new d'sc against the great demand which will follow the opening of the fall trade. The new disc outfit and equipment is regarded by Edison dealers and jobbers as the one big thing of the year, and they are looking forward to splendid sales of these just as soon as they are placed on sale. Never stop calling on a good customer on account of being unable to sell him. Remember that he is buying from someone and some day that someone may be yourself. Besides, to sell him will be an excellent test of your salesmanship. Selling Everywhere Like Hotcakes! FOR Victrolas and Victors THE VELVET TONE NEEDLE BALANCE Preserves Records Like New ! Patented June 28, 1910 Is easily attached to the Taper Ar of any Victor Talking Machine. It keeps sharp needles from cutting the rec _ i ords and also prevents scratching. Retail {'rice, $2.00 ^either Gold or Nickel). Money refitnded if not satisfactory after one week's trial. Catalog on application. Discounts to the trade Ask yotir Jobber or zvrite direct to A. D. Macauiey, 417 Walnut Street, Columbia, Pa.